Con Law Final

Front 1

Law

Back 1

the rules and regulations made and enforced by the government that regulate the conduct of people within a society

Front 2

Jurisprudence

Back 2

the study of law and legal philosophy

Front 3

True or false? A democratic system of government cannot function effectively unless its laws are respected

Back 3

true

Front 4

Four values contained iin most laws

Back 4

moral, economic, political, social

Front 5

True or false?

Back 5

no one is above the law

Front 6

Seven goals that laws seek to accomplish

Back 6

protecting basic human rights; promoting fairness; helping resolve conflicts; promoting order and stability; promoting desirable social and economic behavior; representing will of the majority; protecting the rights of the minorities

Front 7

True or false? Everything that is immoral is also illegal

Back 7

false

Front 8

Define criminal law

Back 8

A law that, if broken, the violator could be charged with a felony or misdemeanor, and the resulting trial is the state againt the violator

Front 9

Give an example of a criminal law being proken

Back 9

murder

Front 10

Define civil law

Back 10

A law that, if broken, the violator could be charged with a felony or misdemeanor, and the

Front 11

Define Civil Law

Back 11

A law that, if broken, results in the loss of money of the individual or group of individuals who lose

Front 12

What is an example of civil law?

Back 12

divorce

Front 13

What's a felony

Back 13

a criminal offense of a more serious degree that goes on one's permanent record (robbery/murder)

Front 14

What's a felony's penalty?

Back 14

a term of more than one year (366 or more days)

Front 15

What's a misdemeanor?

Back 15

a criminal offense of a less serious degree that goes on one's criminal record(assault/ minor theft)

Front 16

What's a misdemeanor's penalty?

Back 16

a term of one year or less (365 days or lass)

Front 17

beyond a reasonable doubt

Back 17

a high requirement of proof; convicts a person in a criminal case; if the jury (or judge in a case tried with no jury) has any reasonable doubts at all about the defendent's guilt, then they must not move to convict

Front 18

preponderance of guilt

Back 18

a low requirement of proof; convicts a person in a civil case; if there is more evidence against the defendent than for the defendent, the defendent is conviccted

Front 19

what is the difference between the BARD requirement and the POG requirement?

Back 19

being convicted BARD can lead to the loss of life, family, a clean record, home, job, etc, while being convicted POG just means loss of money

Front 20

prosecutor

Back 20

the government's attorney in a criminal case

Front 21

defendant

Back 21

person accused of committing a crime

Front 22

plaintiff

Back 22

person or company harmed (against the defendant)

Front 23

civil action

Back 23

lawsuit brought byt eh person who feels wronged or injured by another person

Front 24

loser pays

Back 24

the loser of a case pays the opponant what the opponant had to pay throughout the court process

Front 25

vexatious litigant

Back 25

a person who makes legal action or proceeding initiated maliciously and without probable cause for the purpose of annoying or embarrassing an opponent.

Front 26

the three roles of a trial court

Back 26

listen to testimony; consider evidence; decide the facts

Front 27

whats the differnce between a prosecutor and a plaintiff?

Back 27

prosecutor brings and tries legal action in a criminal trial/ plaintiff brings and tries legal action in a civil trial

Front 28

theory behind the adversary system

Back 28

the trier will be better able to determine the truth if opposing parties present two different views on the same set of facts

Front 29

explain how the inquisitional system works

Back 29

judge is active in quesitoning witnesses and controlling the court process including gathering and presenting evidence

Front 30

trial courts

Back 30

courts that listen to testimony, consider evidence, and decide the facts in a disputed situation

Front 31

hung jury

Back 31

when the people of the jury cannot come to a unanimous decision

Front 32

who decides whether to have a jury trial or not iin a civil case and a criminal case

Back 32

civil: plaintiff or defendant

criminal: defendant

Front 33

three requirementss for serving on a jury

Back 33

must be 18 years old
must be a US citizen
must be a resident of the state

Front 34

voir dire

Back 34

opposing lawyers question each prospective juror to discover any prejudices or preconcieved opinions concerning the case

Front 35

define removal for cause

Back 35

used when a juror is found incapable of rendering a fair and impartial verdict

Front 36

How many cases are appealed to the US Supreme Court every year?

Back 36

approx. 8000

Front 37

How many court justices must agree to hear the case before they do?

Back 37

4/9

Front 38

petitions for certiorari

Back 38

a request of a lower court to send up its records

Front 39

dissenting opinion

Back 39

an opinion stating the reasons for which a judge disagrees with the majority's opinion

Front 40

under which circumstances would you be allowed to appeal a case?

Back 40

error of law

Front 41

error of law

Back 41

a mistake made by a judge in lagal procedures or rulings during a rial that may allow the case to be appealed

Front 42

precedent

Back 42

court decisions on lagal questions that guuide future cases with similar questions

Front 43

preemptory challenge

Back 43

when an attorney can have prospective jurors removed without stating a cause (limited number)

Front 44

appeals courts

Back 44

only when theres a claim that the trial had committed an error of law - a court without a jury or witnesses when one party presents argumants asking the court to change the decision of the trial court with no new evidence presented - just lawyers

Front 45

concurring opinion

Back 45

when sup. ct. judges agree with the majority opinion, but for reasons different from those used to supprt the majority opinion

Front 46

corporal punishment

Back 46

punishment including a juvinile's body

Front 47

parens patriae

Back 47

the legal principle which allwos the state the right to intervene on behalf of the child, essentially assuming the role of a parent

Front 48

delenquent offenders

Back 48

youths who committed acts that would be crimes if committed by adults under federal, state, or local law

Front 49

what is an example of a delinquent offense

Back 49

murder

Front 50

status offenders

Back 50

youths who have committed acts that would not be crimes if committed by adults

Front 51

Whats an example of a status offense (of a delinquent)

Back 51

running away

Front 52

Define child neglect

Back 52

when the parent/guardian of a child fails to provide adequate food, shelter, clothing, or medical care to the child

Front 53

Define child abuse

Back 53

when a child has been abused sexually, physically, or emotionally

Front 54

parental responsibility laws

Back 54

statutes in which parents are held responsible and may be prosecuted for crimes committed by their children

Front 55

three issues that a judge decides at the waiver hearing?

Back 55

the juvinile's age and past record; the seriousness of the crime; the likelihood that the juvinile may be rehabilitated before he/she reaches the age of majority

Front 56

according to GAULT, what are the four major rights to which juviniles are entitled?

Back 56

the right to notification of teh charges against them; the right to an attorney; the right to confront and cross-examine witnesses; the right to remain silent

Front 57

What did the US supreme court hold in WINSHIP?

Back 57

that a juvinile charged with a criminal act must be found delenquent by proof beyond a reasonable doubt

Front 58

Why did US Sup ct decide that jury trials are not required in juv. cases?

Back 58

because it might destroy a juvinile's privacy

Front 59

What is the main goal/philosophy of punishment when dealing with juviniles?

Back 59

rehabilitation over institutionalization

Front 60

True/ false: Juvinilies have no constitutional right to bail

Back 60

true

Front 61

True/False: Many states destroy or seal juvinile records once the alleged offender is 18

Back 61

false

Front 62

contributing to the delinquency of a minor

Back 62

the act, by an adult, of aiding or encouraging illegal or improper conduct by a minor

Front 63

transfer/waiver hearing

Back 63

the hearing when a judge decides whether or not to waive a case from juvinile court to adult court

Front 64

what does a judge consider at a transfer/waiver hearing?

Back 64

juvinile's age/past record; seriousness of crime; likelihood that juvinile may be rehabilitated before the age of majority

Front 65

age of majority

Back 65

the age at which a juvinile is legally considered an adult

Front 66

intake

Back 66

teh process in which court officials or social workers decide if a complaint against a juvinile should be referred to juvinile court

Front 67

initial hearing

Back 67

a preliminary examination of the validity of a youth's arrest, during which the state must prove that an offense was committed and there is reasonable cause to believe that the youth cocmmitted it; decisions are made about further detention and legal representation, and a date is set for a hearing on teh facts

Front 68

preventive detention

Back 68

holding a person against his or her will because of the likelihood tha the or she will commit a crime

Front 69

adjudicatory hearing

Back 69

the procedure used to determine the facts in a juvinile case (like an adult trial but closed to the public)

Front 70

disposition

Back 70

the final settlement or result of a case

Front 71

aftercare

Back 71

the equivalent of parole in the juvinile justice system - a juvinile is supervised and assisted by a parole officer or social worker

Front 72

what defines child abuse

Back 72

mistreatment of a child 17 or under by a parent, caretaker, someone living in their home or someone who works with children

Front 73

what defines physical abuse

Back 73

involves death, disfigurement, loss or impairment of any bodily harm; infliction of excessive corporal punishment; allows ,minor to sell, transfer, or distribute a controlled substance

Front 74

what defines sexual abuse

Back 74

fondling, incest, so on and soforth of a minor by an adult

Front 75

what defines emotional abuse

Back 75

*most challenging to demonstrate
burden is on the child to show psychological harm

Front 76

what defines child neglect

Back 76

parent/caretaker fails to provide adequate food, clothing or shelter

OR

a newborn whose blood contains any amount of a controlled substance

Front 77

what defines child endangerment

Back 77

parent/ caretaker is held accountable for reckless/negligent behavior that places child in jepoardy

Front 78

incarceration

Back 78

lock up criminals and keep them away from society

Front 79

rehabilitation

Back 79

involves teaching or training to criminals can have a useful skill to be able to successfully return to society

Front 80

deterrence

Back 80

provide teh criminal with an unpleasant experience so they will not want to duplicate their criminal action

Front 81

retribution

Back 81

eye for an eye type punishment, typically involves physical beating

Front 82

public forums

Back 82

places where first amendment rights are traditionally exercised

Front 83

what is an example of a public forum?

Back 83

public park

Front 84

true or false? Schools, prisons, and military bases provide an unlimited forum for the exercise of first amendment freedoms

Back 84

false

Front 85

What was the holding of Tinker v Desmoines?

Back 85

the right to freedom of expression does not end at the schoolhouse door, but it could be restricted when the school could show that the student's right to free speech could be restricted when the student's conduct would materially and substantially disrupt the educational process

Front 86

Based on Tinker v Desmoines, what is the test that schools must use in determining whather or not students can engage in certain types of conduct suring school?

Back 86

whether or not the school could show that the students' conduct would materially and substantially disrupt the educational process

Front 87

What was Hazlewood High's main reason for sensoring the school's newspaper?

Back 87

the article was written in a way that could have offended the persons written of inside it and hurt their privacy

Front 88

What was the holding of Hazlewood v Kuhlmeier?

Back 88

school administrators could have edicational control over a school-sponsored newspaper produced in a journalism class and such a publication should not be treated as a public forum for young journalists or students generally

Front 89

what are the 2 reasons for Hazlewood giving this control to school officials?

Back 89

schools should not have to permit student speech that is inconsistent with their basic educational rights

schools should be allowed to control expression that students, parents, and others in teh community might reasonably believe that school has endorsed

Front 90

true or false?a school principle who opposes abortion can censor an article whcih tallks about both pro-choice and pro-life decisions?

Back 90

false

Front 91

true/false? individual rights are often very limited when balanced against the special needs of the military and prisons for order and discipline

Back 91

true

Front 92

arrest

Back 92

to take a person suspected of a crime into custody

Front 93

custodial arrest

Back 93

the same as arrest

Front 94

probable cause

Back 94

that which the ordinarily suspicious person would conclude to be criminal behavior

Front 95

arrest warrant

Back 95

a legal document that enables a police officer to arrest someone; attained with an affidavit

Front 96

affidavit

Back 96

a police officer's attempt to attain a warrant which establishes probable cause to search/arrest and is a sworn statement to a judge

Front 97

search warrant

Back 97

a legal document that enables a police officer to search in an area where he would have otherwise not been legal to be; attained with an affidavit

Front 98

stop and frisk

Back 98

to stop and pat down search someeone

Front 99

exclusionary rule

Back 99

any illegally seized evidence cannot be used in trial

Front 100

interrogation

Back 100

questioning

Front 101

self-incrimination

Back 101

giving evidence and answering questions that would tend to subject one to criminal prosecution

Front 102

booking

Back 102

the formal process of making a police report of an arrest

Front 103

arraignment

Back 103

a court session at which a defendant is charged and enters a plea

Front 104

preliminary hearing

Back 104

pretrial proceeding at which the procecutor must prove that a crime was committed and establish the probably guilt of the defendant. If the evidence does not show probable guilt, the judge may dismiss the case

Front 105

grand jury

Back 105

a group of of 12-23 people who hear preliminary evidence to decide if there is sufficient reason to formally chaarge a person with a crime

Front 106

indictment

Back 106

a grand jury's formal charge or accusation of criminal action

Front 107

nolo contendere

Back 107

pleading guilty to a criminal trial but protecting from being charged with a civil case with the same set of evidence

Front 108

pretrial motion

Back 108

a doctument by which a party asks the judge to make a decision before the trial begins

Front 109

motion to suppress evidence

Back 109

a motion filed by a criminal defense attorney, asking the court to exclude any evidence that was illegally obtained from the attorney's client

Front 110

plea bargaining

Back 110

in a criminal case; between the defendant, the defendant's attorney and the prosecutor; if the defendant agrees to plead guilty, the prosecutor agrees to charge the defendant with a lesser crime, often resulting in a lesser sentence

Front 111

Escobedo v Illinois

Back 111

voluntary confessions are inadmissible once teh defense exercises 6th amendment rights

Front 112

US v Weeks

Back 112

any evidence illegally seized is thrown out

Front 113

Mapp v Ohio

Back 113

Everyone has to follow the exclusionary rule

Front 114

Silverthorne Lumberjack

Back 114

If any evidence is found due to evidence illegally found, it is thrown out

Front 115

Miranda v AZ

Back 115

rights must be read when a person is being interrogated AND in custody

Front 116

Florida V JL

Back 116

A frisk may be done based on info from an anonymouus informant depending on the location (near school/ sports games/borders/military bases/airports v not) and the items looked for (bombs/guns vs drugs)

Front 117

MD v Wilson

Back 117

a driver has to get out of their car for safety reasons if pulled over and told to by a police officer

Front 118

Knowles v Iowa

Back 118

police can't search a car during a routine traffic stop

Front 119

IL v Caballas

Back 119

a drug sniffing dog is allowed at a routine trafic stop provided it does not prolong the stop

Front 120

AZ v Gant

Back 120

any car arrest must be related to the item seized
or have to do with a weapon

Front 121

Terry v Ohio

Back 121

when stopping an dfrisking for weapons police can make a complete frisk and use any evidence found against the defendant

Front 122

MN v Dickerson

Back 122

just as with plain sight, plain feel can also be applied to anything the police find while legally being in a legal position to touch the contraband found

Front 123

Gideon v Wainwright

Back 123

lawyers iin criminal courts are necessities, not luxuries; a fair trial cannot be made without legal representation/counseling for both parties

Front 124

4th amendment

Back 124

the government has a right to gather info (physical)

citizens have a right to privacy

Front 125

5th amendment

Back 125

the government has a right to gather information (verbal confessions)

citizens have the right to protection against self-incrimination (the right to remain silent)

Front 126

what is one of three things which can happen to teh defendant at the initial appearance?

Back 126

the defendant has an attorney appointed or is given the opportunity to obtain one

Front 127

what happens at the defendant's arraignment?

Back 127

the defendant enters a plea (guilty, not guilty)

Front 128

what is the purpose of bail?

Back 128

to assure that the defendant will return for trial

Front 129

what percent of bail do defendants usually pay?

Back 129

10%

Front 130

What type of person might be eligible for a personal recognizance bond?

Back 130

someone good natured, the offanse is light, good family/community support, low financial resources, good employment background, no prior criminal record

Front 131

what does the prosecutor seek to obtain from teh grand jury?

Back 131

an indictment

Front 132

when is nolo contendere used?

Back 132

when the defense wants protection against a civil trial with the same evidence, when the defendant wants to avoid a trial and just move on to the sentencing, when the defendant doesn't admit guilt but doesn't contest teh charges against them

Front 133

list 2 common pre-trial motions

Back 133

motion for discovery of evidence

motion for change of venue

Front 134

T or F?Neither the defendant nor his attorney have a right to appear before a grand jury

Back 134

true

Front 135

T/F? All defendants have a right to bail

Back 135

false

Front 136

T/F? Statistics indicate that a small number of defendants commit crimes while out on bail

Back 136

false (its a large number)

Front 137

True or false? most defendants plead guilty before ever going to trial

Back 137

true

Front 138

6th amendment

Back 138

the right to an attorney

Front 139

7th amendment

Back 139

the right to a trial by jury

Front 140

8th amendment

Back 140

protection against excessive bail and crual and unusual punishment

Front 141

14th amendment

Back 141

the right to duue process of law (fair treatment)

Front 142

Article III/ Section 2

Back 142

the right to life, liberty and security of person

Front 143

Article IV/ Section 1

Back 143

nobody has the right to treat you as a slave and you do not have the right to make anyone your slave

Front 144

Palsgraf v Long Island Rail Road

Back 144

if an effect is so far removed from the cause, then nobody is to blame

Front 145

Marbury v Madison

Back 145

then an act conflicts with the Constitution, the act is invalid (the rule of judicial review)

Front 146

Ingram v Wright

Back 146

corporal punishment can be used in public schools BUT, it must be accepted by the school board and parents must be given the opportunity to opt out by written request

Front 147

Bethel v Fraiser

Back 147

When in schools, students do not have absolute first amendment rights

Front 148

Pico v Island Trees

Back 148

just because the school board doesn't like certain books doesn't mean that they can remove them from school

Front 149

Tinker v Des Moines

Back 149

Schools can censor anything that disrupts the educational process

Front 150

Fredericks v Morse

Back 150

educators may supress student speech @ a school sponsored event that is reasonably viewed as promoting drug use or violating the school code

Front 151

Redding v Stafford

Back 151

a strip search of a middle schooll student is unconstitutional when the school lackks reasons to suspect that the drugs presented a danger or that they were concealed or that they were concealed in her underwear

Front 152

Simmons v Roper

Back 152

the death sentence is unconstitutional for juviniles